--- kind: "section" citation: "26 U.S.C. § 9033" title: "26" title_heading: "Internal Revenue Code" number: "9033" heading: "Eligibility for payments" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/26/9033" units: - "Subtitle H — Financing of Presidential Election Campaigns" - "Chapter 96 — Presidential Primary Matching Payment Account" --- # §9033. Eligibility for payments - (a) **Conditions—** To be eligible to receive payments under [section 9037](/usc/26/9037.md), a [candidate](/usc/26/9002.md?p=2) shall, in writing— - (1) agree to obtain and furnish to the [Commission](/usc/26/9002.md?p=3) any evidence it may request of [qualified campaign expenses](/usc/26/9002.md?p=11), - (2) agree to keep and furnish to the [Commission](/usc/26/9002.md?p=3) any records, books, and other information it may request, and - (3) agree to an audit and examination by the [Commission](/usc/26/9002.md?p=3) under [section 9038](/usc/26/9038.md) and to pay any amounts required to be paid under such section. - (b) **Expense limitation; declaration of intent; minimum contributions—** To be eligible to receive payments under [section 9037](/usc/26/9037.md), a [candidate](/usc/26/9002.md?p=2) shall certify to the [Commission](/usc/26/9002.md?p=3) that— - (1) the [candidate](/usc/26/9002.md?p=2) and his [authorized committees](/usc/26/9002.md?p=1) will not incur [qualified campaign expenses](/usc/26/9002.md?p=11) in excess of the limitations on such expenses under [section 9035](/usc/26/9035.md), - (2) the [candidate](/usc/26/9002.md?p=2) is seeking nomination by a political party for election to the office of President of the United States, - (3) the [candidate](/usc/26/9002.md?p=2) has received matching [contributions](/usc/26/9032.md?p=4) which in the aggregate, exceed $5,000 in [contributions](/usc/26/9032.md?p=4) from residents of each of at least 20 [States](/usc/26/9032.md?p=10), and - (4) the aggregate of [contributions](/usc/26/9032.md?p=4) certified with respect to any person under [paragraph (3)](#b-3) does not exceed $250. - (c) **Termination of payments—** - (1) **General rule—** Except as provided by [paragraph (2)](#c-2), no payment shall be made to any individual under [section 9037](/usc/26/9037.md)— - (A) if such individual ceases to be a [candidate](/usc/26/9002.md?p=2) as a result of the operation of the last sentence of [section 9032(2)](/usc/26/9032.md?p=2); or - (B) more than 30 days after the date of the second consecutive [primary election](/usc/26/9032.md?p=7) in which such individual receives less than 10 percent of the number of votes cast for all [candidates](/usc/26/9002.md?p=2) of the same party for the same office in such [primary election](/usc/26/9032.md?p=7), if such individual permitted or authorized the appearance of his name on the ballot, unless such individual certifies to the [Commission](/usc/26/9002.md?p=3) that he will not be an active [candidate](/usc/26/9002.md?p=2) in the primary involved. - (2) **Qualified campaign expenses; payments to Secretary—** Any [candidate](/usc/26/9002.md?p=2) who is ineligible under [paragraph (1)](#c-1) to receive any payments under [section 9037](/usc/26/9037.md) shall be eligible to continue to receive payments under [section 9037](/usc/26/9037.md) to defray [qualified campaign expenses](/usc/26/9002.md?p=11) incurred before the date upon which such [candidate](/usc/26/9002.md?p=2) becomes ineligible under [paragraph (1)](#c-1). - (3) **Calculation of voting percentage—** For purposes of [paragraph (1)(B)](#c-1-B), if the [primary elections](/usc/26/9032.md?p=7) involved are held in more than one [State](/usc/26/9032.md?p=10) on the same date, a [candidate](/usc/26/9002.md?p=2) shall be treated as receiving that percentage of the votes on such date which he received in the [primary election](/usc/26/9032.md?p=7) conducted on such date in which he received the greatest percentage vote. - (4) **Reestablishment of eligibility—** - (A) In any case in which an individual is ineligible to receive payments under [section 9037](/usc/26/9037.md) as a result of the operation of [paragraph (1)(A)](#c-1-A), the [Commission](/usc/26/9002.md?p=3) may subsequently determine that such individual is a [candidate](/usc/26/9002.md?p=2) upon a finding that such individual is actively seeking election to the office of President of the United States in more than one [State](/usc/26/9032.md?p=10). The [Commission](/usc/26/9002.md?p=3) shall make such determination without requiring such individual to reestablish his eligibility to receive payments under [subsection (a)](#a). - (B) Notwithstanding the provisions of [paragraph (1)(B)](#c-1-B), a [candidate](/usc/26/9002.md?p=2) whose payments have been terminated under [paragraph (1)(B)](#c-1-B) may again receive payments (including amounts he would have received but for [paragraph (1)(B)](#c-1-B)) if he receives 20 percent or more of the total number of votes cast for [candidates](/usc/26/9002.md?p=2) of the same party in a [primary election](/usc/26/9032.md?p=7) held after the date on which the election was held which was the basis for terminating payments to him. ## Source credit (Added Pub. L. 93–443, title IV, § 408(c), Oct. 15, 1974, 88 Stat. 1299; amended Pub. L. 94–283, title III, §§ 305(c), 306(b)(2), May 11, 1976, 90 Stat. 499, 500.) ## Notes ### Editorial Notes ### Amendments 1976—Subsec. (b)(1). Pub. L. 94–283, § 305(c), substituted “limitations” for “limitation”. Subsec. (c). Pub. L. 94–283, § 306(b)(2), added subsec. (c). ### Statutory Notes and Related Subsidiaries ### Effective Date of 1976 Amendment Amendment by section 306(b)(2) of Pub. L. 94–283 effective May 11, 1976, see section 306(c) of Pub. L. 94–283, set out as a note under section 9002 of this title. ### Effective Date Section applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of Title 52, Voting and Elections.